Cases in Constitutional Law

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The different governments will control each other, at the same time that each will be controlled by itself." (The Federalist # 51) So the state governments are actually and literally charged with controlling the federal government. First, experience elsewhere suggests that structured proportionality review provides a stable framework for persuasive reason-giving, thereby enhancing the transparency of decisions, unlike more opaque forms of balancing. 224 Second, proportionality analysis helps to bridge the roles of courts and legislatures.

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Publisher: Oxford University Press (1933)


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